The impact on police when assessing how to define
the search and seizure powers related to electronic communications is frequently invoked by the Crown in these cases.
One day after the Supreme Court of Canada ruled that text messages are private communications, the intermingling of privacy rights, technology, and
the search and seizure powers of the state was again before the court.
It also would have given investigators
search and seizure powers to obtain those records without a warrant.
In 1819, the government introduced harsh new laws, the «Six Acts», which prohibited possession of weapons by civilians, introduced wide
search and seizure powers, restricted public meetings, increased penalties for blasphemy and sedition, and imposed swingeing taxes on pamphlets and periodicals.
New laws passed in 2016 restricted access to banking, ID, and expanded stop,
search and seizure powers; NGOs and activists started to challenge parts of the hostile environment; and the media started reporting the effects on everyday lives — something Politics.co.uk has been at the forefront of.
The Court responded to the submission that Lavallee did not dictate the outcome in this case because
the search and seizure power in question was not «seeking evidence of criminal wrongdoing» but was rather «in connection with an administrative law regulatory compliance regime» by stating inter alia that:
Not exact matches
Though the MOL has greater
powers of
search and seizure, there was nothing precluding the police from obtaining a
search warrant so that the same evidence could be retrieved, the Court noted.
The Litigation Center also regularly participates in cases that present important constitutional questions regarding the separation of
powers, due process rights, unreasonable
searches and seizures, property rights, federal preemption under the Supremacy Clause, free speech,
and many other issues.
It also would have given investigators
search -
and -
seizure powers to obtain those records without a warrant.
Police officers have much wider
powers of detention, arrest,
and search and seizure compared with other areas of the law.
ENFORCEMENT
POWERS: SS 22 - 31 • Sections 22 — 23 introduce an offence of assaulting an immigration officer together with a corresponding set of penalties, and a range of powers including a power of arrest and powers of entry search and seizure; • Sections 24 — 26 expand the power of immigration officers so that they replicate existing police powers and arrangements under the Proceeds of Crime Act
POWERS: SS 22 - 31 • Sections 22 — 23 introduce an offence of assaulting an immigration officer together with a corresponding set of penalties,
and a range of
powers including a power of arrest and powers of entry search and seizure; • Sections 24 — 26 expand the power of immigration officers so that they replicate existing police powers and arrangements under the Proceeds of Crime Act
powers including a
power of arrest
and powers of entry search and seizure; • Sections 24 — 26 expand the power of immigration officers so that they replicate existing police powers and arrangements under the Proceeds of Crime Act
powers of entry
search and seizure; • Sections 24 — 26 expand the
power of immigration officers so that they replicate existing police
powers and arrangements under the Proceeds of Crime Act
powers and arrangements under the Proceeds of Crime Act 2002.
The Supreme Court of the United States» later decision in Riley v. California concluded that a warrantless
search and seizure of digital contents of a cellphone violated the Fourth Amendment, but this decision exclusively focused on the
search incident to arrest exception,
and not the broader
powers provided to border officials.
Section 18 provides
powers of arrest, entry,
search and seizure for criminal offences relating to asylum support under the Immigration
and Asylum Act 1999.
The Court of Appeal applied the principle from R. v. Jarvis, 2002 SCC 73 to conclude that the CRA could not use its audit
powers to prepare a criminal investigation,
and that doing so was a violation of an accused person's right to be free from unreasonable
search and seizure pursuant to Section 8 of the Charter.
The registrant tested both the fairness of the delay (based on procedural fairness)
and the constitutionality of the college investigator's «summons»
powers (based on the Charter right of everyone to be secure against unreasonable
search and seizure).
However, as for the police's
powers of
search and seizure, the SCC concluded that receipt of the computer from the school board did not afford the police with the right to conduct the
search without a warrant.
Further, the SCC agreed with the Court of Appeal that the principal had a statutory duty to maintain a safe school environment, which imbued implied
powers of
search and seizure of a school - issued laptop.
«The
search powers... as applied to lawyers, along with the inadequate protection of solicitor - client privilege... constitute a very significant limitation of the right to be free of unreasonable
searches and seizures.»
«
Search and seizure under statutory
powers constitute fundamental infringements of the individual's immunity from interference by the state with his property
and privacy — fundamental human rights.»
The question of control was never raised: what were raised were the public policy problems of allowing «data havens» to exist, versus those of allowing extraterritorial
search -
and -
seizure powers to the US.
Arguably, if the
power given to police to obtain personal information without a warrant or judicial oversight is contrary to section 8 of the Canadian Charter of Rights
and Freedoms, which guarantees that everyone has the right to be secure against unreasonable
search or
seizure.